And What I Wish I’d Known As A Self-Represented Litigant in Canada
When we think about going to court, most of us picture the trial itself: standing before a judge, presenting evidence, making arguments. But long before you ever reach that point, there are important steps along the way—steps that can shape the outcome of your case. One of the most significant is the pre-trial conference.
If you’re self-represented, understanding what happens at a pre-trial conference can save you from confusion, false hope, and missed opportunities. Here’s what you need to know.
What Is a Pre-Trial Conference?
A pre-trial conference is a meeting that takes place before the trial, usually weeks or months in advance. It is presided over by a judge who will not be the judge at your trial. This is intentional: the pre-trial judge is meant to be neutral and cannot later preside over the trial itself, to ensure fairness and avoid any appearance of bias.
The purpose of the conference is case management. The judge reviews the status of the case, ensures that both parties have exchanged necessary documents, identifies the key issues to be decided, and explores whether the matter can be resolved without a trial. In some jurisdictions, there may be more than one pre-trial conference, depending on the complexity of the case.
Who Attends?
In cases where parties are represented by lawyers, the lawyers attend along with their clients. As a self-represented litigant, you attend on your own behalf. This means you will be expected to speak to the judge directly about your case, your position, and any settlement discussions.
What the Pre-Trial Judge Can and Cannot Do
The pre-trial judge has several important functions:
- They can ask questions to clarify the issues.
- They can identify weaknesses in each party’s case.
- They can encourage settlement and may suggest terms.
- They can make orders about deadlines, document exchange, or other procedural matters.
- They can set a trial date if one has not yet been scheduled.
However, the pre-trial judge cannot force you to settle. They cannot make a ruling on the merits of your case. And they cannot give you legal advice, though they may explain procedural options.
What the Pre-Trial Judge Will Not Do
This is where my own experience taught me a hard lesson.
When I was preparing for my family’s condo dispute, I made the mistake of not researching what a pre-trial conference was actually for. In my imagination, I built it up as an opportunity to convince the judge that the other side’s case was frivolous and have it dismissed on the spot.
That is not how pre-trials work.
Once a case has been set down for trial—meaning the plaintiff has filed the necessary documents to move forward—the matter will not simply be thrown out at a pre-trial conference. The case will proceed to trial unless one of two things happens:
- The parties reach a settlement agreement.
- A party brings a formal motion (such as a motion for summary judgment) before the court, which is a separate process with its own rules and deadlines.
At the pre-trial stage, the plaintiff does not automatically have the “upper hand,” as I once feared. But the reality is that the court’s focus is on case management and settlement, not on deciding who is right or wrong. That decision is reserved for the trial judge.
Settlement Discussions
One of the primary goals of a pre-trial conference is to explore settlement. Trials are expensive, time-consuming, and consume significant court resources. The justice system encourages parties to resolve their disputes outside of court whenever possible.
The pre-trial judge may ask you whether you have made a settlement offer, or whether you would be open to one. They may even suggest that you consider putting a reasonable offer in writing. This is not a sign of weakness. In fact, making a written settlement offer can be strategically important. If the case goes to trial and you end up with a result that is as good as or better than your offer, it may have cost consequences for the other side under formal offer-to-settle rules.
But the judge cannot force you to settle. And you should not feel pressured into an agreement that is not in your best interest.
What I Learned
Looking back, I wish I had understood that the pre-trial conference was not a mini-trial. It was a planning meeting—and an opportunity. An opportunity to hear how a neutral judge viewed the strengths and weaknesses of my case. An opportunity to explore whether settlement made sense. And an opportunity to prepare, mentally and strategically, for what lay ahead.
If you are self-represented, go into your pre-trial conference with realistic expectations. Be prepared to discuss your case clearly and calmly. Listen to what the judge says—even if it’s not what you want to hear. And remember: this is one step in a longer journey, not the final destination.
The trial is still to come. But the pre-trial conference can help you get there with your eyes open.
Why I Wrote Condozilla
Understanding the difference between a pre-trial conference and a trial—and knowing what to expect at each stage—is exactly why I wrote Condozilla. The legal process can feel like a series of closed doors until you’ve walked through them yourself.
Condozilla takes you on the journey of Clara and her mother as they navigate the legal system without a lawyer, fighting to save their home. Through their story, you’ll see what pre-trials, motions, and hearings actually look like—not from a textbook, but from the inside. Because the more familiar you are with the process, the less intimidating it becomes.
And sometimes, that familiarity is what gives you the courage to keep going.
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